SOLUTION OF THEORETICAL AND PRACTICAL ASPECTS THAT HINDER THE PRE-JUDICIAL INVESTIGATION OF CRIMINAL MISDEMEANOR

Abstract

This study reveals the theoretical and practical aspects that hinder the pretrial investigation of criminal misdemeanors. The purpose of the article is to highlight and resolve the main legislative conflicts, gaps and shortcomings of the institution of criminal misdemeanors and inquiries. The article presents the results of the research of the Institute of Criminal Misdemeanors and Inquiry, based on which an analytical and critical analysis of all shortcomings, gaps and conflicts of the current legislation was carried out. Comprehensive and substantiated conclusions, proposals and recommendations regarding the improvement of the current criminal procedural legislation of Ukraine, in particular the introduction of legislative changes and additions to the current Criminal Procedure Code of Ukraine, were provided. The absence of such a legal category as "criminal misdemeanor" in the Constitution of Ukraine was emphasized. It is proposed to avoid such positions as "inspector of the inquiry department", "inspector of the inquiry sector", "district inquiry officer", etc. in the staff lists of police officers. The need to adopt the draft Law "On Amendments to the Criminal Procedure Code of Ukraine in terms of improving pre-trial investigation and court proceedings regarding criminal misdemeanors" No. 6481 dated 12.28.2021 is substantiated. which proposes to add the word "investigator" after the word "investigator" to the relevant articles (parts of articles) of the Criminal Procedure Code of Ukraine. Attention is focused on the lack of a mechanism in the current legislation for the recovery of procedural costs from the convicted person for registration and conduct, investigative (search) actions, the involvement of operative units, including the costs of searching for a suspect who is hiding from pre-trial investigation authorities and/or the court during criminal proceedings. The conducted research makes it possible to come to the conclusion that highlighting the main legislative conflicts, gaps and shortcomings of the institution of criminal misdemeanors and investigation is the first step towards the development of proposals and recommendations that will contribute to their resolution.